Private universities can be considered public authority for RTI Act, clarifies GIC
Ahmedabad: The Gujarat Information Commission (GIC) has provided crucial clarification on the applicability of the Right to Information (RTI) Act, to private universities.
On an RTI application filed by Maninagar resident Devdutt Rana, the GIC order state that "private universities established under the Gujarat Private Universities Act, 2009" can be considered "public authorities for the purposes of the RTI Act, 2005, as they fall within the scope of Section 2(h)".
The clarification was issued by state chief information commissioner (SCIC) Subhash Soni.
The GIC order clarification hinges on Section 2 (h) of the RTI Act, which broadly defines a "public authority".
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The order states that according to the RTI Act, a public authority includes "any body constituted by or under the constitution, by any law made by Parliament or state legislature, or by notification issued by the appropriate Government, or anybody substantially financed directly or indirectly by funds provided by the government".
The GIC order states that section 2 (h) outlines "six different categories" under which an entity can be considered a public authority. GIC in its order clarified that "private universities can be included in these categories". The order has also directed the state education department's additional secretary to issue circulars to all private universities for implementation of the provisions of the RTI Act, which includes appointment of public information officers and proactive disclosures.
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Rana told TOI, "I had sought information from private university in Vadodara under RTI Act, the details regarding appointments of its faculty and also details of funds received through govt student scholarships programs for SC-ST students. But they refused stating that they are not public authorities."
However, The GIC order states that if a private university is established by law (such as the Gujarat Private Universities Act, 2009), controlled by the govt, or "substantially financed directly or indirectly by funds provided by the govt," it can be deemed a public authority under the RTI Act.
The order has also referred to an order of the Gujarat high court in Special Civil Application 19282/2021, which affirmed that "information from such universities (private universities) should be made available if they meet the criteria of a 'public authority'. The University Grants Commission (UGC) has also issued directives on 'Implementation of The RTI Act, 2005 in The Universities/Colleges,' urging proactive disclosure of information by institutions.
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